Jharkhand High Court
Ramchandra Rai vs The State Of Jharkhand on 22 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 252 of 2022
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Ramchandra Rai ... ... Petitioner
Versus
The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Vijay Kumar Roy, Advocate
For the State : Mr. Vineet Kumar Vashistha, Spl. P.P.
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nd
Order No. 05: Dated: 22 February, 2023
Heard, learned counsel appearing on behalf of the petitioner
and learned Spl.P.P. appearing on behalf of the State.
I.A. No.9742 of 2022
Learned counsel appearing on behalf of the petitioner
submitted that one I.A. No.9742 of 2022 has been filed under Rule 159
of the High Court of Jharkhand Rules, 2001 for the exemption of the
petitioner to surrender before the court below.
It has pointed out that this Criminal Revision Application has
been preferred against the judgment dated 20.01.2022 passed by
learned court of Additional Sessions Judge-V, Giridih in Criminal
Appeal No.36 of 2020 whereby and whereunder the aforesaid appeal
was dismissed and the judgment of conviction and order of sentence
dated 10.06.2020 passed by the learned Judicial Magistrate, 1 st Class,
Giridih in Dhanwar P.S. Case No.217 of 2011, G.R. No.2215 of 2011,
corresponding to T.R. No.1106 of 2020 under Sections 409/34 of IPC
has been confirmed.
It has been pointed out that petitioner has already served the
substantive period of sentence of imprisonment by remaining in jail
about 31 to 32 months.
Further, it has been pointed out that the similar situated the co-
convict, Bindeshwari Devi @ Dineshwari Devi has been exempted to
surrender before the court below by the order of the co-ordinate Bench
of this Court passed in Criminal Revision No.268 of 2022 and the case
of this petitioner also stands on similar footing and he will suffer
irreparable loss and injury if the same relief for exempting him from
surrender is not granted to him.
On the other hand, learned Spl. P.P. appearing on behalf of the
State opposed the contentions raised on behalf of the petitioner, but
did not controvert the fact that he has already served the substantive
period of sentence by remaining in jail about 31 to 32 months, while
total period of sentence awarded to the petitioner was S.I. for 03 years
and a fine of Rs.5,000/- for the offence punishable under Section
409/34 of IPC and in default of payment of fine he was further
sentenced to undergo S.I. for 03 months.
Having heard both the parties, perused the record of this case.
In the light of the aforesaid forceful submission advanced on
behalf of the petitioner under the facts and circumstances of this case,
the petitioner is exempted from surrendering in the learned court
below and also in the light of the provision of Section 159 of the High
Court of Jharkhand Rules, 2001 subject to the condition that petitioner
pays the entire fine amount as imposed by the learned court below
under Section 409/34 of IPC.
The petitioner is directed to furnish the money receipt before
this Court positively within a period of four weeks, failing which, an
appropriate order shall be passed.
Cr. Revision No. 252 of 2022
Put up this case after receipt of the original LCR on 12.04.2023
along with Criminal Revision No.268 of 2022.
(Navneet Kumar, J.)
R.S./-
